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Cost-Efficient Arbitration

ICSID Expedited Arbitration

13/02/2023 by Aceris Law LLC

ICSID Expedited Arbitration

One of the innovative features of the new ICSID Arbitration Rules, in force as of 1 July 2022 (the “2022 ICSID Arbitration Rules”), figures in Chapter XII, which allows parties to opt into ICSID expedited arbitration. The principal purpose of the ICSID expedited procedure is to reduce the length of ICSID arbitration proceedings and, thus, […]

Filed Under: Cost-Efficient Arbitration, ICSID Arbitration

The Choice Between One and Three Arbitrators

11/12/2022 by Aceris Law LLC

LCIA Sole Arbitrator versus Three Arbitrators

The choice between one and three arbitrators is an important decision parties do not always pay attention to when drafting arbitration clauses, or even once a dispute has arisen. The choice of who will sit on the panel, including whether it will be a sole arbitrator or a three-member tribunal, is one of the most […]

Filed Under: Cost-Efficient Arbitration, ICC Arbitration, International Arbitration, International Arbitration Institutions, LCIA Arbitration, SCC Arbitration

Who Pays the Costs of International Arbitration?

18/09/2022 by Aceris Law LLC

Who Pays Costs Of Arbitration

One question frequently and legitimately asked by parties is who pays the costs of international arbitration. Most procedural arbitration laws and rules provide wide discretion to arbitral tribunals to allocate costs. There are, generally, two overriding internationally accepted principles for allocating costs, i.e., the English “costs should follow the event” rule, which requires the losing […]

Filed Under: Cost-Efficient Arbitration

Costs of ICSID Annulment Proceedings

24/04/2022 by Aceris Law LLC

Annulment proceedings under the ICSID Convention

Pursuant to Article 53 of the ICSID Convention, ICSID awards are binding on the parties and “shall not be subject to any appeal or any other remedy except those provided for in this Convention”. As correctly stated by the ad hoc committee in the Standard Chartered Bank v. Tanzania Electric Supply Company case, this “Article […]

Filed Under: Cost-Efficient Arbitration, ICSID Arbitration

UNCITRAL Expedited Arbitration Rules

25/11/2021 by Aceris Law LLC

2021-UNCITRAL-Expedited-Arbitration-Rules arbitration

On 9 July 2021, the United Nations Commission on International Trade Law, commonly known as UNCITRAL, adopted the UNCITRAL Expedited Arbitration Rules, which came into force on 19 September 2021 (the “(UNCITRAL) Expedited Rules”). UNCITRAL has also published a Draft Explanatory Note to the Expedited Rules (the “Explanatory Note”), containing useful comments on the application […]

Filed Under: Ad Hoc Arbitration, Cost-Efficient Arbitration, UNCITRAL Arbitration

M&A Arbitration

28/08/2021 by Aceris Law LLC

MA International Arbitration Disputes

In recent years, arbitration has become the preferred method of resolving M&A disputes. While the global market shows steady signs of recovery, arbitration is considered an effective means to resolve disputes involving M&A transactions in a wide range of sectors, such as the financial, healthcare, education, energy and technology sectors.[1] Disputes in M&A Transactions M&A […]

Filed Under: Cost-Efficient Arbitration, M&A Arbitration, United Kingdom Arbitration

The Timing of Payment of Arbitration Advances on Costs

31/01/2021 by Aceris Law LLC

Timing advance on costs ICC arbitration

The payment of advances on costs in arbitration aims to ensure that an arbitral institution has sufficient funds to cover the payment of arbitrators’ fees and expenses, as well as costs incurred in the administration of arbitral proceedings. The advances on costs paid to arbitral institutions do not include party costs, such as legal fees […]

Filed Under: Cost-Efficient Arbitration, HKIAC Arbitration, ICC Arbitration, LCIA Arbitration, SIAC Arbitration

The Recoverability of Arbitration Costs

01/02/2020 by Aceris Law LLC

Costs tend to be a major concern for users of international arbitration. However, a successful party may recover them in full or in part, including the costs of legal representation. In this respect, both national arbitration legislation and institutional rules generally grant arbitrators the power to award the costs. Though the UNCITRAL Model Law is […]

Filed Under: Arbitration Rules, Award on Costs, Cost-Efficient Arbitration

Advance on Costs in ICSID Arbitration

12/07/2019 by Aceris Law LLC

The filing of a Request for Arbitration in an ICSID arbitration implies an obligation for the parties to pay several costs needed for the arbitral proceedings. In addition to the legal fees for the parties’ legal representation, and additional party costs such as the cost of experts, and the payment of a non-refundable lodging fee […]

Filed Under: Cost-Efficient Arbitration, ICSID Arbitration, International Arbitration

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